SONU CHANDEL Vs. STATE OF M.P.

JUDGEMENT

(1.) The Additional Chief Judicial Magistrate, Dewas vide judgment dated 2.2.2016 acquitted respondents No.2 to 4 from the charge u/s. 498-A of the IPC. Applicant aggrieved by the said judgment of acquittal has filed this application u/s.378(3) of the Cr.P.C. for grant of leave to file an appeal.

(2.) Learned senior counsel for the respondents No.2 to 4 raised the objection as to maintainability of the application for leave to file an appeal before this Court.

(3.) Learned counsel for the applicant submits that the Apex Court in a recent judgment in the case of Satya Pal Singh Vs. State of M.P. - 2015 AIR SCW 6251 held that the Proviso to Section 372 of Cr.P.C. must be read with its main enactment i.e. Section 372 itself and together with Section 378(3) of the Cr.P.C. Otherwise, the substantive provision of Section 372 will be rendered nugatory. In the light of this judgment, the application for leave to file an appeal as well as appeal u/s. 372 of the Cr.P.C. is maintainable before this Court.